To allow Trump to make the appointments, Republican senators would have to pass a motion of adjournment with a simple majority vote, though Democrats would likely do everything in their power to prevent it. It is also not clear if such a move would be fully supported by GOP senators.

Using recess appointments as part of the general nomination process for an incoming administration is a break with tradition. The idea behind recess appointments is one of necessity if a position is vacated while the Senate is not in session, allowing the president to fill a role rather than leaving it open.